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"Judge Calls Electronic Monitoring Excessive Bail in Child Pornography Case"

By Douglas A. Berman

The title of this post is the headline of this piece in the New York Law Journal, which reports on the latest significant sentencing decision of EDNY's Judge Jack Weinstein. Here is how the piece starts: Eastern District of New York Judge Jack B. Weinstein has held unconstitutional the electronic monitoring of a Brooklyn pizzeria owner awaiting retrial on child pornography charges. The judge found that the monitoring, mandated by the Adam Walsh Child Protection and Safety Act of 2006, constitutes unconstitutionally excessive bail and violates defendant Peter Polouizzi's procedural due process rights. "The basic defect of the Adam Walsh Act, as applied, is that it imposes a mandatory limit on freedom of an accused without permitting an 'adversary hearing,'" Weinstein held in United States v...continue to full post

Full post as published by Sentencing Law and Policy on March 26, 2010 (boomark / email).